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HomeMy WebLinkAbout2022-10-26 Conservation Commission Minutes Page 1 of 6 Approved 1111612022 North Andover Conservation Commission Meeting Minutes October 26,2022 Members Present: Anthony Capachietti, Joseph W. Lynch, Louis A. Napoli, Chairman and John T.Mabon Members Absent: Ryan D. Hale, Sean F. McDonough and Albert P. Manzi, Jr.,Vice Chairman Staff Members Present: Amy Maxner, Conservation Administrator Meeting came to Order at: 7:01 p.m. Quorum Present. Pledge of Allegiance Acceptance of Minutes • The minutes for July 27,2022 and September 28, 2022 have not been reviewed. Request for Determination of Applicability 159 Appleton Street(Drummond) • The Administrator states the proposal is for an in-kind deck and stair replacement. The existing footings are in disrepair, and will require replacement.New diamond pier DP-50 precast concrete footings are proposed. The existing deck will be disassembled by hand and carried to the dumpster. The proposed decking will consist of PVC,metal rails &baluster assemblies. The stockpile area and dumpster location are depicted on the plan. Erosion controls are proposed around the limit of work. Based on staff measurements the deck is 30-feet from the BVW. The Administrator recommends issuing a Negative Determination#3 with conditions requiring pre and post construction meetings, erosion controls and a dumpster and stockpile area to be placed in the driveway. • Ted Kelley, TMK Remodeling provides additional details on the proposed footings which will be hand dug. • Barbara Drummond,the Applicant is present. • No abutters are present. • A motion to close the hearing and issue Negative Determination#3 with conditions as recommended is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents GIS Aerial w-measurements to BVW, RDA Application with Supporting Materials 10 1122 Notice of Intent(NOI) 242-1787, 135 North Ramp Road(DeRosa) • The Administrator states a continuance is required. • A motion to continue to November 16,2022,is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents n/a Notice of Intent(NOI) 242-1851,26 Long Pasture Road (Bhatnaga) • The Administrator states additional information requested at the last meeting has been provided. The proposal consists of the installation of an inground pool with associated pool equipment, decking,fence and retaining wall. The project respects the setbacks to a potential vernal pool. Two pool equipment locations are depicted on the plan and tapered grading is proposed to level the pool. • Mr. Mabon states due to the proximity to the wetland a cartridge/non-backwash filter is required. • Abhijay Bhatnaga, the homeowner, agrees to adhere to the filter requirements set by the NACC. 2022-10-26 Conservation Commission Minutes Page 2 of 6 Approved 1111612022 • David Cowell,Hancock Associates states the plan shows two possible options for the equipment. The prefabricated fiberglass pool will be placed using a crane which will be parked on a temporary pad out front of the house. • Mr. Lynch states the Commission is only reviewing the proposal from a wetland protection and bylaw perspective. He expresses concerns with the construction access in proximity to the septic tank and sewer lines. • Mr. Capachietti states if the location of the propane tank needs to be moved it cannot be moved closer to the wetland. • The Administrator states a Stormwater Report was done for the pervious paver patio and under drain, calculations and O&M Plan were provided. • The Commission reviews the vernal pool setbacks and the height of the proposed retaining wall. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents 07-13-2022 Meeting Materials, 20220824-25292-EC_STAMPED, 20221014-25292-NOI SP, 20221014- 25292-Presentation Plan, 20221014-25292-Response Letter, 20221014-25292-Stormwater Report, Cover letter plan revisions 10.17.2022 Notice of Intent(NOI) 242-1855, 56 Abbott Street(Wood/Capobianco) • The Administrator states the proposal is for an in-ground swimming pool and sun shelf with associated patio, fencing, shed and replacement of existing gravel/stone driveway shoulder and short retaining wall. The retaining wall,less than 4-ft in height,is proposed along a portion of the patio. The vinyl fence is proposed around the pool area and will extend around the house,partially within the 50-foot NBZ. The pool and all accessories are located outside the 50-foot NBZ and the patio is 53.4-ft from the BVW at its closest point. Construction access and stockpile location is depicted on the plan. A formal waiver request was submitted for the fence and driveway area. • Mr. Mabon confirms the hot tub and surrounding patio are existing. • The Commission discusses the waiver request for the driveway and fence. • The Administrator states the driveway bump out is visible in historic aerials from 2001.No change in footprint is proposed. • Richard Williams,Williams & Sparages LLC states they are proposing to change the driveway surface to pavers and repair the 1-ft slate retaining wall with stone and masonry. The pavers will be spaced/constructed to make the surface pervious,polymeric sand is not proposed. The a/c units shown on the plan are existing. • Mr. Mabon states a cartridge/non-backwash filter will be conditioned in the Order. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents 20221020 135430, 20221020_135611, Notice oflntent- 56Abbott Street, Revised NOI Plan- 56Abbott Street, Sunshelf Photo Notice of Intent(NOI) 242-1856, 9 Hawkins Lane(MDS Realty Trust) • The Administrator states a continuance has been requested. • A motion to continue to November 16, 2022,is made by Mr. Mabon, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents Email from wrdufesrce�a�corracast.net requesting a continuance until 11/16/22 2022-10-26 Conservation Commission Minutes Page 3 of 6 Approved 1111612022 Notice of Intent(NOI) 242-1857, 62 Barman Drive(Dunham) • The Administrator states the proposal is for the upgrade to an existing septic system roughly within the same footprint. Erosion controls will be 40-ft from the BVW at its closest point. Grading is 45-ft from the wetland and the leach field is 51-ft from the wetland. The wetland line was reviewed and found to be accurate. Some yard waste dumping was noticed during the site visit and will need to be addressed. No waivers are required. • George Dunham,the Applicant is present. • Mr. Mabon states clean-up of the yard waste will be conditioned in the Order. • The Commission discusses monumentation and agrees that markers are required at the edge of the wetland. Markers will be identified in the field and placed on trees or pressure treated posts. • No abutters are present. • Mr.Napoli expresses concerns that there is no construction access or stockpile location shown on the plan. • The Commission agrees that a sketch is required at the pre-construction meeting depicting the location of the construction access and stockpile location. Documentation is also required on how temporary flows and storage will be handled during the construction. • No abutters are present. • A motion to close and issue in 21 days is made by Mr. Mahon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 62 BANNAN DR._NORTH ANDOVER-CONCOMI, 62 BANNANDR._NOR TH AND 0VER-CONCOM2, 62 Bannan NOI2, 62 Bannan NOI, 20221020 125404, 20221020 130132, Details Plan 62 Bannan, Updated Plan 62 Bannan Amendment 242-1782, 800 Massachusetts Avenue & 153 Academy Road(Worden) • The Administrator provides background on the OOC issued in June 2020. The geothermal wells have been installed; the Amendment will eliminate the pavement expansion at the back as well as the retaining wall. They are proposing a full depth reclaim, grading and repaving in the same footprint of the existing paved areas. Approximately 182-sq. ft. of new pavement and concrete platform/walkway will be added at the back of the building to create a flat access area for the rear door. A crushed stone infiltration trench is proposed at the low side of the front circular driveway to collect stormwater runoff. Catch basins within the site and on Massachusetts Avenue will be protected with silt sacks. • Jack Sullivan, Sullivan Engineering states 1,200-sq. ft. of previously approved impervious area will be eliminated from the proposal. A full depth pavement reclamation requires that existing site grades match within 1-inch. Grades depicted on the plan are existing. All surplus material will be trucked off site,no stockpiling is proposed. Minimal grading changes are proposed and the wearing course will be approximately 3 ''/Z-inches. The proposed drip trench will provide some TSS improvement. The lot has been subdivided since the OOC was issued; the owners of the property remain the same. All proposed work within the Buffer Zone will take place on the 800 Massachusetts Avenue property. Paving work is slated to occur this year, a paving contractor has been secured. • Stan Limpert,North Andover Historical Society is present. • Mr. Lynch confirms that no changes are proposed to the handicap ramp permitted under the OOC. • The Administrator states the enhancement plantings have not been completed yet. • Mr.Napoli questions if the pipe in the front of the building was identified. • Mr. Sullivan states they still need to investigate the pipe and what it ties into. • No abutters are present. • A motion to close and issue an Amended Order of Conditions in 21 days is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Documents Amended NOI Plan 10072022 f nal, Request for Amended OOC with Supporting Materials 10 12 22 2022-10-26 Conservation Commission Minutes Page 4 of 6 Approved 1111612022 Certificate of Compliance 242-1831, 104 Milk Street(Ryan) • The Administrator provides background on the Order issued in December 2021. Due to the proximity of the wetland an interim as-built plan was submitted. The only deviation to the plan is the installation of a brick walkway between the new addition and the garage, outside of the 50-foot NBZ. A site visit was conducted and the site is stable and erosion controls have been removed. • A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 104 milkf nalasblt, 20221020_154108, 20221020 154136, 20221020 154152, 20221020_154207, 20221020 154215, 20221020_154242, compliance letter (1), WPA Form 8A_104 milk street Certificate of Compliance 242-1028, 9 Hawkins Lane,Lot 5(Scott) • The Administrator states the OOC governed the construction of a single-family home,no work was started. • A motion to issue a full and final Certificate of Compliance is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 242-1028 Hawkins Lot 5 CofC request Certificate of Compliance 242-1835,328 Campbell Road(Hickey) • The Administrator states a continuance is required. • A motion to continue to November 16, 2022,is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents n/a Enforcement Order/Violation 657 Salem Street(Landers) • The Administrator states the wetland has been delineated by Norse Environmental,they are working on a draft restoration plan. The property owner has requested additional time to review the restoration plan and share it with the neighbor. • A motion to continue to November 16,2022,is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Documents 09-14-2022 Meeting Materials, 10-12-2022 Meeting Materials, 10-25 Landers Update Email Enforcement Order/Violation 29 Blueberry Hill Lane(Givner) • The Administrator states the Conservation Department was alerted of possible unpermitted work occurring within the Buffer Zone to BVW. A site visit was conducted and the violation consists of the removal of an existing brick patio and replace same with pavers and expansion of the patio area with poured concrete. At the time of the site visit trenching and the installation of a perimeter drain connected to the gutter downspout and foundation drain was observed. It was also noted that a black metal fence had been installed. All work is outside of the 50-foot NDZ with the terminal end of the drain pipe at 59-feet from the wetland at its closest point. Staff directed all work to cease and erosion controls be installed. An after-the-fact RDA is required for the work. • David Givner, the homeowner, states the RDA application should be submitted within the next few days. • Mr. Lynch states the perimeter drain and downspout should discharge into an infiltrator/drywell. • The Administrator recommends the landscape contractor provide a detail for the infiltrator/drywell. 2022-10-26 Conservation Commission Minutes Page 5 of 6 Approved 1111612022 • Mr. Capachietti suggests using a perforated pipe the last 10-ft with a level spreader in front of it to help with infiltration during high rains. • A motion to ratify the Enforcement Order as drafted is made by Mr. Mabon, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Documents 20221018 153730, 20221018_161304, 20221018 161307, EO 29 Blueberry Hill Lane 10 20 22 Enforcement Order/Violation 49 Court Street(Petrosino) • The Administrator states the homeowner has requested a temporary metal fence vs. snow fencing. The site is currently stable, a Notice of Intent expected at some point. • The Commission discusses the request and agrees the existing snow fence is adequate if installed properly and recommends the snow fence be fortified. If needed they should come back with additional detail on what they are proposing that will not cause additional disturbance. • No action will be taken at this time. Documents 49 Court Street 3rd Amended EO 09 28 22, letter fence, Town of North Andover Mail-Fw_Petrosino,Leah M., CNP shared_letter fence_with you_ Decision 242-1782, 800 Massachusetts Avenue & 153 Academy Road(Worden) • The Administrator reviews the drafted Amended Order of Conditions. • The Commission agrees the temporary stockpile location must be outside of the 100-foot Buffer Zone and protected to prevent migration into the Buffer Zone. No additional bond is required. • A motion to adopt the Amended Order of Conditions as drafted is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. Decision 242-1851,26 Long Pasture Road(Bhatnaga) • The Administrator reviews the drafted Order of Conditions. • Additional language will be to the finding of fact regarding NHESP. The final location of the propane tank must be verified in the field by the Administrator. The bond will be set in the amount of$3,000. Erosion controls shall be installed by field survey. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. • The use of polymeric sand for the patio is strictly prohibited. A bill of lading for pervious sand material must be provided. • A motion to adopt the Order of Conditions as amended is made by Mr. Lynch, seconded by Mr. Mabon. • Vote 4-0,Unanimous. Decision 242-1855, 56 Abbott Street(Wood/Capobianco) • The Administrator reviews the drafted Order of Conditions. • The bond will be set in the amount of$3,000. Language will be added to the OOC stating the Applicant requested a waiver for a preexisting condition and it was granted. The use of polymeric sand for the patio is strictly prohibited. A bill of lading for pervious sand material must be provided. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Mabon, seconded by Mr. Lynch. • Vote 4-0,Unanimous. 2022-10-26 Conservation Commission Minutes Page 6 of 6 Approved 1111612022 Decision 242-1857, 62 Barman Drive(Dunham) • The Administrator reviews the drafted Order of Conditions. • The bond will be set in the amount of$2,500. A sketch depicting the stockpile location and construction access shall be submitted prior to construction. A written narrative shall be provided to explain how temporary flows will be handled during construction. Wetland markers are to be installed to the closest point being the stone wall,wetland line or edge of existing disturbance. • A motion to adopt the Order of Conditions as drafted and amended is made by Mr. Lynch, seconded by Mr. Capachietti. • Vote 4-0,Unanimous. Adjournment • A motion to adjourn at 8:42 p.m. is made by Mr. Capachietti, seconded by Mr. Lynch. • Vote 4-0, Unanimous. 2022-10-26 Conservation Commission Minutes